The court's current practice is that a new justice does not participate on decisions already under advisement; instead, the recently retired justice continues to participate. An exception is when two justices have recently retired, a sitting justice already was not participating, and a senior judge already was participating. In that instance, one new justice participates (determined by rotation), and the senior judge continues to participate, but only one of the two recently retired justices participates (also determined by rotation). Similarly, two new justices may participate if the court recently experienced an additional vacancy. See ORS 2.111(5) (no more than two senior judges may sit on a Supreme Court case considered en banc); (8)(a) (Supreme Court justice may participate, without resubmission of the case, when the justice was appointed or elected to the court after submission of the case).